Driving Without Due Care and Attention: Penalties, Points and the 2026 Sentencing Guidelines

Driving without due care and attention is one of the most common motoring offences charged in England and Wales, and one of the most misunderstood.

It covers everything from a momentary lapse at a junction to sustained careless driving that puts other people at risk, and the consequences range from a £100 fixed penalty to a court summons, penalty points, a further fine and disqualification.

This guide explains what the offence is, what you face if you are accused, and how the 2026 sentencing guidelines changed the way courts deal with it.

In short:

Driving without due care and attention (also often referred to as careless driving) is committed when your driving falls below the expected standard of a careful and competent driver. It also involves driving without reasonable consideration for other road users. The offence is covered under Section 3 of the Road Traffic Act 1988.

There is a range of potential penalties for driving without due care and attention. A Fixed Penalty Notice (FPN) and three penalty points can be issued in less serious cases. If an instance of careless driving is deemed to be sufficiently serious, it can be referred to the Magistrates’ Court, where penalties include:

• Three to nine penalty points
• A disqualification
• A discretionary fine

This post was written by our criminal defence team and reviewed by Sanjay Cholera, Partner and Crime Advocacy specialist, Law Society accredited for Criminal Litigation (SRA no. 55671). It applies to England and Wales. If you have been reported, issued a notice of intended prosecution, or summonsed, our motoring offence solicitors can advise you the same day.

Accused of careless driving? Speak to a specialist motoring defence solicitor today for a free initial consultation.

What is driving without due care and attention?

Driving without due care and attention is committed when the way you drive falls below what would be expected of a careful and competent driver. The legal test is objective: it is not about whether you meant to drive badly, but whether your driving fell below that standard. The offence is set out in Section 3 of the Road Traffic Act 1988, and it also captures driving "without reasonable consideration for other road users".

Because the test is objective, you can be guilty even if you made a genuine mistake, were momentarily distracted, or misjudged a gap. All of these examples can meet the threshold if the result is driving below the competent standard.

Common examples of careless driving

The offence of careless driving is broad. Examples the courts regularly see include:

• Tailgating or driving too close to the vehicle in front
• Pulling out of a junction into the path of another vehicle
• Overtaking on the inside, or cutting across other traffic when changing lanes
• Being distracted by a sat nav, food, the radio or passengers
• Misjudging a junction, roundabout or gap in traffic
• Lane discipline failures, such as straddling lanes on a motorway

Inconsiderate driving includes actions like flashing headlights to force another driver to give way or splashing pedestrians by driving through a puddle.

Is driving without due care and attention a criminal offence?

Yes. It is a criminal offence under the Road Traffic Act 1988. This includes cases where an FPN is issued, and no court proceedings take place.

The penalties: points, fines and disqualification

The penalties for driving without due care and attention depend on how serious the incident was and whether it is dealt with by a fixed penalty or in court.

Fixed penalty notice (FPN)

For a straightforward case, the police often offer a fixed penalty, which is typically £100 and three penalty points, or sometimes a driver education course. You do not have to accept an FPN, and you can ask for the matter to be heard in court instead.

More serious cases will not be offered a fixed penalty. For example, if you caused a collision, endangered other road users, or there are aggravating features, you will receive a court summons (a "single justice procedure notice" or a requisition) and the case will be decided by magistrates.

Court summons

If you are found guilty of driving without due care and attention in the Magistrates’ Court, the potential penalties are as follows:

• Between three and nine penalty points (which stay on your driving license for four years from the date of the offence)
• A driving disqualification (as an alternative to penalty points)
• An unlimited fine

Building up 12 or more penalty points within three years usually means a "totting up" disqualification, which is why even a few points can have a significant impact. If you are at risk of a ban, read our guide to a totting up ban and 12 points on your licence.

It is important to note that if you have been charged with causing death by careless driving, the potential sentences are much more serious, as this is treated as a separate offence. This offence can not only result in the loss of your license, but also up to 5 years’ imprisonment.

The 2025 sentencing guideline updates explained

In July 2025, the Sentencing Council introduced a revised guideline for careless driving in England and Wales, replacing the previous 2017 guideline. Courts now follow these guidelines when deciding the sentence, which makes outcomes more consistent across the country. The updates included higher income-based fines and greater discretionary powers for magistrates to impose short-term driving bans.

The sentencing guidelines work by assessing culpability (how far your driving fell below the standard) and harm (what actually resulted). The court places the offence into a category and starts from the corresponding sentence, then adjusts it up or down for aggravating and mitigating factors.

When does careless driving become dangerous driving?

This is a very important distinction in this area of law. Careless driving (Section 3) is driving below the standard of a competent driver. Dangerous driving (Section 2) is driving that falls far below that standard, where it would be obvious to a competent driver that driving in that way would be dangerous.

The consequences for dangerous driving are far more serious. Dangerous driving is an either-way offence that can be sent to the Crown Court and carries the risk of imprisonment, a mandatory disqualification and an extended retest. See our guidance on dangerous driving for more.

How long do the police have to prosecute?

For driving without due care and attention, a charge must be laid by the police within six months of the offence taking place. Separately, if you were not stopped by the police at the time of the incident, a notice of intended prosecution (NIP) must be served within 14 days of the offence.

The 14-day NIP requirement is a frequent source of valid defences. If the NIP was served late or sent to the wrong address through no fault of yours, the prosecution may not be able to proceed. This is one of the first things we check.

How long does it stay on your licence?

Penalty points for careless driving (CD10) remain on your driving licence for four years from the date of the offence. The endorsement is valid for the first three of those years. A disqualification is recorded separately, and the length depends on the sentence imposed.

Credit for a guilty plea

Where a guilty plea is indicated at the first stage of proceedings for a driving without due care and attention charge, you could receive a reduction from 1/3 of a penalty.

That said, it is essential that you take legal advice before you consider entering into a guilty plea. We explain how plea credit works in our guide to a reduction in sentence for a guilty plea.

What to do if you are accused of careless driving

If you have been reported, issued an NIP, offered a fixed penalty, or summoned to attend court, the steps below protect your position.

1. Do not admit anything at the roadside or in writing until you have taken advice. The objective test means casual comments can be used against you.
2. Keep every document and note the dates. The date of the offence and the date any NIP was served can be decisive.
3. Preserve evidence. Dashcam footage, witness details and photographs of the scene can show that your driving was not below the standard. See the types of evidence used in motoring cases.
4. Do not accept a fixed penalty if you have a defence. Accepting it is an admission. You can elect to be heard in court instead.
5. Get specialist advice early. The earlier a solicitor reviews the case, the more options there are, including persuading the prosecution that the evidence does not meet the standard. In some cases, we have had charges dropped altogether.

Our motoring defence team can review your case and tell you where you stand. Request a consultation.

Frequently asked questions

What is the penalty for driving without due care and attention?

Between 3 and 9 penalty points or a discretionary disqualification, plus a fine. Minor cases are usually offered a £100 fixed penalty and three points; court cases can attract a higher fine and more points.

Is driving without due care and attention a criminal offence?

Yes. It is a criminal offence under Section 3 of the Road Traffic Act 1988, dealt with in the Magistrates' Court. If you accept a fixed penalty rather than going to court, there is no criminal conviction.

How many points do you get for driving without due care and attention?

The offence carries three to nine points (code CD10). A fixed penalty usually adds three points; the court can impose up to nine depending on how serious the driving was.

How long does driving without due care and attention stay on your licence?

The penalty points stay on your licence for four years from the date of the offence and are countable towards a totting-up ban for the first three years.

What is the difference between careless driving and dangerous driving?

Careless driving falls below the standard of a competent driver. Dangerous driving falls far below it, in a way that would be obviously dangerous to a competent driver, and it carries the risk of prison and a mandatory ban.

How long do the police have to prosecute for driving without due care and attention?

Proceedings must begin within six months of the offence, and a notice of intended prosecution must normally be served within 14 days.

Will I have to go to court for driving without due care and attention?

Not always. Straightforward cases are often dealt with by a fixed penalty with no court appearance. More serious cases, or cases you choose to contest, are heard by magistrates.

Fees and funding

We are transparent about cost. You can read about our fees for crime cases and check whether you might qualify for criminal legal aid. For motoring cases, we also offer a bespoke private fee service.

Contact our motoring offence solicitors

We represent drivers across England and Wales, including emergencies and out-of-hours police station attendance. If you are facing a careless driving allegation, the sooner we review it, the more we can do.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone at:

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